An order for a provisional remedy or any other process, in an action wherein the sheriff is a party, or is interested, shall be directed to the coroner. If both these officers are interested, the process shall be directed to and executed by a person appointed by the court or judge.
§ 25-2202.Service when sheriff is a party or is interested.
Article 22: Process, Court Records, and Ministerial Officers · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section redirects process to the coroner when the sheriff is a party to the action or has an interest in it, and lets the court appoint a substitute officer to serve process when both the sheriff and the coroner are interested.
Full Text of § 25-2202
Source
R.S.1867, Code § 881, p. 547; R.S.1913, § 8550; C.S.1922, § 9501; C.S.1929, § 20-2202; R.S.1943, § 25-2202.
Plain-English Summary
The sheriff is ordinarily the officer who executes a court’s process, but that arrangement breaks down when the sheriff has a stake in the outcome. Section 25-2202 handles that conflict directly: an order for a provisional remedy, or any other process, in a case where the sheriff is a party or is interested, goes to the coroner instead.
The section anticipates the next problem too. If the coroner is also a party or interested, process cannot go to either county officer. In that situation, the court or judge appoints a person to direct the process to and have it executed, so the case never stalls for lack of a neutral officer to carry out the court’s orders.
Frequently Asked Questions
What happens to process when the sheriff is a party to the lawsuit?
The process is directed to the coroner instead of the sheriff.
Does the sheriff have to be a named party, or does an interest in the case trigger this section too?
Either one. Section 25-2202 applies when the sheriff “is a party, or is interested,” so a financial or personal stake in the outcome is enough, even without being a named party.
What if the coroner is also interested in the case?
The court or judge appoints a person to whom the process is directed and by whom it is executed, bypassing both the sheriff and the coroner.
Does this section apply only to provisional remedies?
No. It covers an order for a provisional remedy “or any other process,” so it reaches process generally, not just provisional remedies.
Why does Nebraska law route process to the coroner in these cases?
To keep an interested county officer from executing process in a case where that officer stands to gain or lose from the outcome.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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